Wrongful Imprisonment Lawsuit

Wrongful imprisonment is also known as false imprisonment where someone restrains another against their decision, and in many cases, there is the risk of being killed or injured. 

In most cases, this is commonly a felony, and is considered an intentional tort.

Anyone who does restrict another person without their agreement can be found liable for this. In some jurisdictions though, the victim must not have a means to escape for it to be a false imprisonment charge. Along with that, acts of omission might also be a form of false imprisonment, such as failing to unlock doors and leaving a person trapped inside. 

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How is this an Intentional Tort? 

While it is typically a crime, it also can be an intentional tort, so it can cause civil personal injury, and criminal charges too. 

This typically must be a volitional action of confining someone without their consent, creating some kind of harm, and typically, this can vary depending on what kinds of harm is caused by this. 

The act is wrongful in many ways, and typically, this is considered a felony if the court does find this to be false imprisonment, with charges of three years imprisonment. 

Typically, this is a misdemeanor that does come with penalties of a year of imprisonment, a $1000 fine, or sometimes both, but this does depend on the background as well, and if this is a repeat offense, it can be more severe. 

What are the Elements 

While sitting in a cell may be considered wrongful imprisonment, it has nothing to do with going to jail, or the police. 

Those who are guilty of it typically are dealing with unlawful confinement. 

There are some elements that go into this, and they include the following: 

  • The words that are said or actions done are done to confine someone 
  • The person was confined for a bit
  • The detention was considered unwilling and unlawful
  • They are aware they’re being kept in one place 

The last one is especially important.  If the plaintiff knew that they were confined and not aware of the situation, the defendant won’t be guilty, so as long as you know that you’re dealing with false imprisonment, then you have a case. 

Examples of this 

This can include making threats and utilizing force to keep someone there. force is usually used, but it typically is not required for a false imprisonment charge. 

For most cases, the plaintiff must be aware that they’re confined. For example, an employee locked by their boss and forced to work overtime is an example of this, since they aren’t allowed to leave. 

But suppose the victim didn’t know that their door was locked. Maybe they were unaware of it. That’s not false imprisonment. 

Typically, they also  can include many different aspects, such as the following: 

  • Keeping possessions belonging to the plaintiff to make them stay here 
  • Medicating without their permission so they can’t leave 
  • Detaining them to question them without a warrant or allowance to do so
  • Holding someone so they can’t move 
  • Grabbing someone so they’re unable to move 
  • Security guards detaining someone for a long period unlawfully 

Typically, this can be a whole lot of different things, but if you do believe that you have a false imprisonment case, you should talk to a lawyer about this. They can let you know of what you can do, including the damages in the form of costs, property damage, time missed from work, and therapy costs, along with pain and suffering that you can get too.

All About Medical Malpractice Lawsuit

Medical malpractice happens when doctors or other medical professionals don’t give the highest standard of care to their patients when they diagnose, manage, or treat patients, which results in injury. 

The deviation from this is usually considered negligence in the realm of personal injury law. 

Medical malpractice does have laws that allow for those who were injured to bring claims to the professional as well, allowing them to get damages for the harm that’s given to them due to their lack of conduct. 

Whether medical professionals are held liable for this is dependent upon the case, but there are rules as well for this, depending on the state. In some situations, the regulations for this do vary between each jurisdiction within the states too. 

So if you have injuries that are sustained due to medical malpractice, consulting personal injury attorneys to learn more about this is good, and applicable to your area as well. 

All About It 

This is when persons or organizations are held legally responsible for the injuries, and in general, this is typically for the person that breached the duty of care, and was the reason for the injuries of the patient. But figuring out who is liable is a challenge, simply because this is because medical malpractice does involve one party usually.

Typically, it’s possible for these liabilities to be split between the doctor and the nurse, and when they are combined, they led to the injury. 

For example, if there was bad instruction provided to this, or if the medical professional failed to fix the mistake, there is a chance that both parties will be held liable. 

Along with this, the organization as well can also be held liable for this, which is true in cases where the organizations policy or quality of care falls below the duty of care standard for this. 

Some parties who are held liable can include both doctors and nurses, but also surgeons, dentists, chiropractors, psychiatrists, clerical staff, and gynecologists too. 

Examples 

Some examples of this do include the following: 

  • Improper or wrong diagnosis. 
  • Having the wrong medication 
  • Operating on the wrong limb or body part 
  • Failing to follow up with patients after they’ve had a procedure 
  • Premature discharge before the patient is fully recovered 
  • Leaving medical equipment behind in or on the patient 
  • Not giving enough information or getting informed consent before they get surgery 
  • Putting wrong data into a medical chart that results in harm 

How is this Proven 

Typically, this is proven in a few ways, but the main focus is the patient is able to prove that the person caused the injury. 

They need to prove that the professional did owe duty of care and didn’t act  reasonably with accordance to the medical standards. 

They also failed to meet the correct standards so they breached their duty due to being negligent and managing only some parts of a patient’s health. 

Finally, the professional must show that this was the actual along with proximate cause of the injury, resulting in measurable damages 

This also can be filed against an organization too, and it must be shown that there was improper or negligent supervision. 

They will need to give records, receipts for the expenses, documents that resulted in the mistreatment or misdiagnosis, and of course, the costs associated with the injury such as hospital bills to fix the mistake of the surgeon. 

If you do believe you’ve dealt with this, getting a personal injury attorney can help you get the recompense that you deserve for your injury.